Securities & Exchange Commission v. Digital Lightwave, Inc.

ORDER

LAZZARA, District Judge.

This cause comes before the Court on Defendant Zwan’s’ Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and supporting memorandum of law (Dkts. 12 & 13) and Plaintiffs Memorandum in Opposition (Dkt. 19).

Plaintiff’s Allegations & Claims for Relief

Plaintiff alleges that Defendant Bryan Zwan (“Zwan”) engaged in an earnings management scheme which caused his company, Defendant Digital Lightwave, Inc. (“Digital”), to overstate revenues from nine transactions in two calendar quarters, file two false and misleading Forms 10-Q with Plaintiff…